Law change may end misconduct case over Kaba shooting in Streatham

Law change may end misconduct case over Kaba shooting in Streatham

The police officer responsible for fatally shooting Chris Kaba may not face misconduct charges following recent changes in the government’s approach to evaluating officers’ use of force. Sgt Martyn Blake shot 24-year-old Kaba in Streatham, south London, in 2022 after Kaba attempted to force his way past police vehicles. Although Blake was acquitted of murder in a 2024 trial, a disciplinary investigation into his conduct was paused by the Independent Office for Police Conduct (IOPC) pending updates to the legal standards applied in such cases.

The government revised the legal test for misconduct relating to use-of-force incidents, aligning it with the standard used in criminal law. This adjustment means that behavior falling short of criminality should not be treated as misconduct. Following Blake’s not guilty verdict, then-Home Secretary Yvette Cooper announced plans to raise the threshold for charging police officers in these situations. Consequently, the IOPC indicated on Wednesday that it now believes the disciplinary case against Blake should not proceed, though it intends to consult with Kaba’s family who maintain that exceptional circumstances warrant continuing the investigation.

This shift in legal criteria could influence numerous other non-fatal use-of-force cases if police forces apply the same rationale. Andrew Johnson, the IOPC’s director of strategy and policy, explained their careful consideration of the law change was driven by concerns about fairness and proportionality. He stated, “We believe this position provides consistency across impacted cases and is fair to officers who are facing potential dismissal for misconduct, which if it occurred now, would not amount to misconduct under the new law.” Johnson also noted that only a relatively small number of cases are expected to be affected.

Metropolitan Police Deputy Commissioner Matt Jukes, referring to Blake by his cypher NX121, reaffirmed the force’s stance that no further action is warranted. He welcomed the new legal provisions, including a presumption of anonymity for firearms officers during court proceedings unless convicted and the restoration of the criminal standard for evaluating use of force in misconduct hearings. Meanwhile, the family of Chris Kaba criticized the decision, expressing that it undermines police accountability and sends a damaging message to bereaved families. Activists Temi Mwale and Kayza Rose from the Justice for Chris Kaba Campaign condemned the IOPC’s move as “appalling,” arguing that changing the rules mid-process denies professional accountability to Blake and erodes public trust in the justice system.

At the time of the shooting, police had tracked and boxed in the Audi Kaba was driving due to its connection with three firearm incidents in the preceding five months. Officers were not aware of Kaba’s identity during the confrontation. Further police reports linked Kaba to a street gang and implicated him in two shootings occurring within the six days before his death

Read the full article from The BBC here: Read More